Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Penal Code (XLV of 1860)

Section: 365-B,376,344,148,149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 498---Penal Code (XLV of 1860), Ss. 365-B, 376, 344, 148 149---Kidnapping, abducting or inducing woman to compel for marriage etc., rape, wrongful confinement, rioting armed with deadly weapons, unlawful assembly---Bail, grant/confirmation of---First Information Report (FIR) was lodged with delay of about 33 days though distance between police station and place of incident was about 4/5 kilometers and no plausible explanation had been furnished by the prosecution for such an inordinate delay---As far as allegation of zina-bil-jabr is concerned, the medical evidence did not support the prosecution version, hence mere word against word was no ground to withhold the concession of bail to an accused when the ocular version did not get support from the medical evidence---Parties seems to be close relatives of each other, therefore question of commission of such an offence within the family raised many questions---Alleged abductee though had alleged that she was abducted away by the accused and co-accused; however she was not recovered from their possession or from their house, but allegedly succeeded to get herself free from their clutches according to her own, which was also a mystery---Even after her abduction, neither the accused nor the co-accused had enticed her for entering into Nikah and mere allegation of zina, which had not been corroborated by the medical evidence, one could not be deprived of concession of bail---Case had been challaned and further detention of the accused and co-accused would not serve any legal or technical purpose---Accused and co-accused had made out a good prima facie case for their release on bail---Consequently both their bail applications were allowed; and the accused was released on bail, whereas interim bail already granted to co-accused was confirmed. (b) Criminal Procedure Code (V of 1898)--- ----S. 497 498---Bail---Delay in lodging FIR---Such delay in criminal cases has always been held by the Superior Court(s) to be fatal for the prosecution. (c) Criminal Procedure Code (V of 1898)--- ----S. 497 498---Bail---Principles---Every accused would be presumed to be blue eyed…

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